An Analysis Of International Environmental Public Interest Litigation System

When human beings focus on the research and application of science and technology,make the economy develop rapidly,the society is more safe and stable,it also brings more and more problems and puzzles,the environmental problem is an extremely outstanding aspect.Acid rain,land desertification,marine oil pollution,deforestation,resource shortages,and species decline...,these global environmental resource problems seriously affect the survival and development of mankind.Reducing and preventing environmental damage and protecting global environmental resources are an important task facing the international community at present.The international environmental public interest litigation system will be a new way to solve global environmental problems.At present,many countries in the world have established their own special environmental public litigation system,such as the United States,India,Germany,Japan and so on.In these leading countries ' environmental public interest litigation system,basically all break through the shackles of "direct interest" in the traditional lawsuit mode,expanded the scope of the plaintiff's eligibility for prosecution and encourage and support various subjects to bring public interest lawsuit from different aspects,in addition,the environmental public interest litigation system itself shows strong commonweal and prevention,which makes the system play a very important role in the environmental protection of various countries.Faced with the increasingly severe global ecological crisis,we should see the great advantages of environmental public interest litigation system and apply this system to solve the global environmental resources problem.The continuous improvement of global environmental awareness and the development of international environmental law make it possible for environmental public interest litigation system to become international.Based on the relevant theories of environmental public interest litigation system,this paper tries to define the international environmental public Interest Litigation system and analyze the value embodied in the realization of environmental justice,strengthening environmental protection and saving judicial resources.Then introduced the world's major countries environmental public interest litigation system,taking its essence,and based on the current situation of global environmental problems,fully consider the differences between international law and domestic law,from the subject of litigation,jurisdiction,scope of litigation,the types of judgment and the costs of litigation have put forward concrete ideas for constructing international environmental public interest litigation system: first of all,states,intergovernmental international organizations and non-governmental international organizations have the principal qualification for international environmental public interest litigation;Secondly,because of its relatively independent international status,the advantages of fair and impartial judge selectionsystem,the International Court of Justice,the International Tribunal for the Law of the Sea can have the jurisdiction of international environmental public interest litigation cases;Thirdly,the scope of the international environmental public interest litigation system should be directed against the environmental violations in the global public domain and the environmental violations in the domestic jurisdiction which affect the global environment.Finally,on the question of the liability of litigation expenses,the plaintiff's provisions should be made as far as possible to relieve the plaintiff of the burden of litigation.